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Myths About ADR and Other Fictions

ADR stands for “Alternative Dispute Resolution.” As the name suggests, these are the methods that different individuals and parties use to solve their disputes. The use of the word alternative signifies that these methods of resolution are other than the most common way disputes are resolved i.e. court cases, the legal way that is controlled by the state. Alternative dispute resolution has steadily gained ground in the past few decades, although people of the older generations are still used to traditional court litigation.

The most popular of these ADR methods is Orange County divorce mediation which is usually used to solve family law divorce cases, custody and visitation issues. While mediation and other such methods of resolving cases continue to rise in importance, their growth is somewhat hindered by myths and fictions that are going on about them. In this blog, we will take a look at a handful of these myths and fictional discrepancies and highlight their true facts. A few of these are:

Myth #1: Mediation is not legal and therefore cannot be enforceable by court

This is one of the most common misconceptions that have been doing rounds with respect to divorce mediation. Despite of this being common public knowledge; it continues to remain very much a myth. Mediation is a legally recognized practice in the family laws and a testament of its legal recognition is the ability of the either of the parties involved in mediation to enforce the mediation decision through courts.

Myth #2: All ADR methods are extremely costly and their high expenses outweigh their benefits

This is another of those public perception influencing myths, as it stems from the places where ADR can be set. As opposed to litigation proceedings that are set in the family courts, ADR methods can be carried out in hotel lobbies, rooms or offices. Having said that, it is clear that ADR saves more money as opposed to litigation, since it involves no lawyers’ costs, no court fees, and the fees of the ADR are usually divided between the two parties.

Myth #3: Mediation proceedings are only made to deal with minor issues and claims

As mentioned in the initial paragraphs, divorce mediation is increasingly being used in divorce, child custody, child visitation and other family law disputes. These disputes are one of the most major and complex issues in Orange County family law courts, thereby dispensing the rumors of mediation being the only method to solve smaller or minor claims.

Myth #4: Attorneys are not permitted at ADRs

This is once again a common myth that lawyers and ADR methods have no contention whatsoever. In reality though, this is far from reality. While it is true that unlike the cases where the judge decides the case, ADR involve decision making more evenly distributed between the two individuals or parties. The role of attorney even then continues to be considerably strong, since attorneys are allowed to take part in the proceedings, discussions and negotiations as well as advice their respective aides.

To learn more about the divorce process in California and how mediation can help, please visit our page, “What is Divorce Mediation.”